Which of the following statements is/are correct regarding the creation of legislative council in state?

1. Article 169 of the constitution allows state legislative assembly to abolish or create a Legislative Council.

2. Legislative assembly of the concerned state first have to pass a resolution by a special majority.

3. Legislative Council of a state shall not have less than 40 members.

4. Its normal term is five years from the date of its first meeting after the general elections.

Select the correct answer using the code below:

a) 1,2 and 3 only

b) 2 and 3 only

c) 1,3 and 4 only

d) 1,2,3 and 4 

Solution: 

• Article 169 of the constitution allows Parliament to abolish or create a Legislative Council. The constitution provides for the abolition of the second chamber in a state where it exists as well as for the creation of such a chamber in a state where there is none at present.
• A state Legislative assembly passes a resolution by an absolute majority, together with not less than two-thirds of the members actually present and voting in favor of the creation of the second chamber. Then the request is passed to the Parliament, which on passing a resolution with simple majority can lead to the creation of the legislative council for the concerned state.A state Legislative assembly passes a resolution by an absolute majority, together with not less than two-thirds of the members actually present and voting in favor of the creation of the second chamber. Then the request is passed to the Parliament, which on passing a resolution with simple majority can lead to the creation of the legislative council for the concerned state. 
• The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state. 
• Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament. Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year. So, a member continues as such for six years.

Ans: (b)